Defense Win for Martin and Petherick in Tennessee

Shareholder Sean W. Martin and Associate Michael J. Petherick, of Carr Allison’s Chattanooga (TN) office, obtained dismissal for its architectural firm client in two professional negligence cases inside of a premises liability case.

Two different plaintiffs on two separate dates fell on a landing area outside of a newly constructed hotel in Middle Tennessee.  Each plaintiff, represented by a different attorney, filed suit against the hotel owner for premises liability.  In each case, the hotel owner asserted the comparative fault of the architectural firm who designed the hotel.  The hotel’s theory was that they relied upon the expertise and knowledge of the architect to design the hotel in a manner that would not be dangerous to guests.  Both plaintiffs amended their Complaint to add causes of action against the architects for professional negligence.

Motions for Summary Judgment were filed under the theory that, since the plaintiffs did not have privity in contract with the architectural firm, they could not assert a cause of action for professional negligence.  Additionally, premises liability claims under Tennessee law are exclusive to the premises owner and cannot be extended to persons who have no ownership or control of the premises.

Dismissals were obtained in both cases on behalf of the architectural firm.

News

Wells Speaks at Federal Court Naturalization Ceremony for New Citizens

Carr Allison shareholder and retired Mobile County District Judge Judson W. Wells, Sr. recently spoke at the March Naturalization Ceremony in Mobile. The formal ceremony was conducted by the United States District Court for the Southern District of Alabama. In his capacity as Past President of the Mobile Bar Association, Judge Wells […]

Learn More

Zwilling to Present Webinar on AI in Employment Decisions and What Employers Need to Know

Course Description: Is your company using AI to screen resumes, conduct video interviews, or make hiring decisions?  If so, you could be facing significant legal exposure without even knowing it.  With new laws in Illinois, Colorado, New York City, and other jurisdictions imposing strict requirements on employers using artificial intelligence, […]

Learn More

Carr Joins USLAW Live Podcast

Join Carr Allison co-founder Charles Carr on the latest USLAW Live! podcast episode as he reflects on the conversation that sparked the creation of USLAW and the leadership and vision that helped shape the network over the past 25 years. Charles also shares insights on client service, succession planning, mentorship […]

Learn More